iMessage, other Apple technologies targeted in ITC investigation.

The International Trade Commission voted yesterday to investigate Apple for patent infringement allegations launched by the Google-owned Motorola Mobility. As expected, Motorola is asking for import bans on just about every iOS device, including iPhones, iPods, and iPads. What might be surprising is that Motorola is also asking for a ban on every type of Mac OS X computer, claiming Apple's iMessage technology infringes a Motorola patent.

On the whole, Motorola names seven patents, all of which are allegedly infringed upon by some or all of these iOS devices: the iPod Touch, iPhone 3GS, iPhone 4, iPhone 4S, and all three generations of the iPad. Presumably, the iPhone 5 would have been included had the complaint been filed a bit later.

In an exhibit attached to the complaint (PDF), Motorola explains that Apple's iMessage client for iOS and Mac OS X violates a claim in that patent covering "A plurality of messaging clients within a messaging communication system for providing continuity between the plurality of messaging clients comprising: a first messaging client, for establishing a first communication connection including a plurality of client data with a message server; and a second messaging client for receiving the plurality of client data from the first messaging client and for establishing a second communication connection including the plurality of client data with the message server."

Motorola focuses on how iMessage provides a common messaging client between iOS and Mac OS X devices, with users being able to "start a messaging conversation on an OS X Mountain Lion device such as a MacBook Air, and continue the conversation on another device running the 'iMessage' messaging client on iOS 5 software, such as an iPhone 4S."

Using the MacBook Air as a representative product for all Mac OS X devices, Motorola notes that iMessage on the MacBook Air "establishes a first communication connection via WiFi or LAN or otherwise resulting in the exchange of data (text, photos or videos) with Apple's message server." Further, Motorola states that "the iMessage messaging client on the iPhone 4S can establish a second communication (e.g. The new iPad or MacBook Air being the first communication connection) via WiFi or 3G that results in the receipt of data from Apple's message server."

Motorola's complaint was filed in mid-August and made public this week with the ITC announcement that it will open an investigation into "certain Apple iPhones, iPods, iPads, and Apple personal computers." The ITC "has not yet made any decision on the merits of the case," the commission said.

Motorola asks for a "permanent exclusion order directed to products manufactured by Respondent... excluding entry into the United States of wireless communications devices, portable music and data processing devices, computers, and components thereof that infringe one or more claims" of the seven named patents. Motorola also seeks a cease and desist order preventing any advertisement, distribution, or sale of iOS and Mac products imported into the US.

In addition to alleging infringement, Motorola says banning all Macs and most iOS devices won't have much impact on US consumers. "With so many participants in the highly competitive Wireless communication, portable music, and computer market, it is unlikely that consumers would experience much of an impact if the requested exclusion orders were obtained," Motorola wrote. "Even if the exclusion order caused an increase in the price of wireless communications devices, portable music and data processing devices, computers, and components thereof—an unlikely event—a price increase alone is insufficient to warrant preclusion of a remedial order."

While Motorola has typically used standards-essential patents in its lawsuits, the patents at issue in this one aren't tied to any industry standards.

Apple and Motorola have been flinging patent lawsuits at each other all over the globe, but almost entirely focusing on smartphones and tablets. With Apple having won a huge victory against Android vendor Samsung, Google is going on the offensive with its newly acquired subsidiary, Motorola. It seems unlikely that Motorola would be able to get an import ban on nearly all iOS devices and all Mac computers, but it's nothing if not a bold and interesting move.

We've asked Apple for comment on the lawsuit and will provide an update if we get one.

248 Reader Comments

Good. Maybe if some major companies get products banned, such as Apple, we'll be forced to do something about our patent system. I think it would be a travesty to take things this far and just have the companies settle things for a lot of money, I'd prefer to see an injunction and congress getting involved and fixing some of this garbage.

It seems unlikely that Motorola would be able to get an import ban on nearly all iOS devices and all Mac computers, but it's nothing if not a bold and interesting move.

This. Is there a reason for this request or does Motorola just like bad publicity?

They like leverage and pre-emptive strikes.

I wish more consumers would realize the impact all this has on their bottom line. The expenses incurred in litigation alone drop straight down to the prices we all pay, in much the same way shoplifting makes buying retail goods more expensive. They aren't playing with "other peoples" money, they are playing with our money.

I wonder what kind of effect this will have on Google, considering they have already been warned by the US and EU about using their patents. If successful, an import ban would essentially turn Google into a monopoly since Microsoft and RIM are such small competitors compared to iOS and Android.

Apple is too stubborn to negotiate, it will be years before this will be finished. Most likely a judge will impose a royalty on the phones and computers if at all when this is all finished. This grudge match I think will end badly for Motorola, Google has spent worse money on something I guess.

I thought this headline was very funny in a kind of surreal way, then I realized it's actually real.

A very sad situation. This kind of stuff should get thrown out with extreme prejudice. Not much impact on the market? I'm firmly in the "Android camp", but that's just silly, the impact would be enormous.

So much resources being spent on stupid BS patents that could be spent on something much better for the world instead of lining the pockets of lawyers. That said, I hope Motorola wins big -- not because I agree with them but because I think a thermo-nuclear patent war is the only way for people to finally see how stupid the current patent system is and finally call for major reform.

I like how everyone claims Google is being evil when in reality they are playing the only game law allows. Evil or not, they really have no choice other than to exit the software business or sue over patents as a defense strategy. The problem is the system, not Apple, not Google nor any other corporate entity.

I love how people are accusing Google of being evil here. Ultimately, Steve Job's agenda begat this. Is it right? No. But at least we could have lived in ignorance before someone declared war. Now the consumers will have to pick up the pieces because of one man's arrogance.

Well, so I guess this is what results from raising the bar to "thermonuclear". While I would love to laugh and throw a parade should this extremely unlikely scenario play out 100% in favor of Motorola, at some point this has to just stop. You go play in your corner, we'll go play in ours, and we can all just let the industry move forward for once and get back to innovations that provide great experiences for the people who want to use them. There is no reason why any single company should be the sole survivor. We all have our opinions and it is not likely that we're going to sway the other side - but that is the beauty of a competitive market where we can all use whatever tool we find fits our needs best. If you like your Apple (product name here) then you should feel free to use that; likewise, I enjoy my Android (product name here) and should be free to use it. Before the flamewar starts - ask yourselves if a single one of these lawsuits have EVER benefited your personal life in any way? (If you answer yes to that and you happen to be a lawyer for any of these companies, kindly jump off a bridge).

It seems unlikely that Motorola would be able to get an import ban on nearly all iOS devices and all Mac computers, but it's nothing if not a bold and interesting move.

This. Is there a reason for this request or does Motorola just like bad publicity?

Well, they actually could get a ban on all Apple products, if the infringement is found to be substantial in all cases. This hinges on whether or not iMessage is found to be a significant feature for OSX. If it is, OSX gets banned until it updates to remove iMessage, at which time they can appeal on the grounds that they no longer infringe.

This is a pretty clear reminder to Apple that they should consider playing by the rules if they don't want to see iOS become a featureless wasteland.

If Motorola wins, you can bet your bunions that we'll get some "serious review" of the current patent system if everyone suddenly can't buy their precious tech devices (Apple, Samsung, Motorola all getting banned out of the USA. Not just poking at Apple here.).

At worst, it might establish some Cold War era mutual destruction pacts between companies so that people can start innovating again.

It's my understanding that should products get banned, the requesting party has to put up a bond to cover any potential losses to the other party, if the ban is overturned later. What would the bond be to ban every one of Apple's products (minus iPhone 5)? In the Billions of dollars?

What bothers me is that "System for providing continuity between messaging clients and method therefor (sic)." sounds a hell of a lot like features that have been implemented in Instant Messaging clients that allow you to switch devices and keep your messages current on both devices. It looks like this patent was filed in 2001, and I can't say for sure whether there were already clients that did this, but it really feels as though this is just another bullshit software patent that had prior art in the first place, even if you accept that software patents are valid in concept, which I do not.

It will certainly be interesting to see what happens here. Especially if the ITC actually grants the request.Maybe it will be the final piece to get everyone riled up enough to actually get some software patent reform going.

If you start giving companies patents for unoriginal designs and non-innovative software techniques, OF COURSE they're going to start suing each other, at which point the court system has no choice but to uphold patent law.

The problem isn't Apple, Samsung, Motorola, or even the court system. The problem is a broken patent system which is incentivized to grant these absurd patents and then force all the aforementioned parties to play their parts.

It seems unlikely that Motorola would be able to get an import ban on nearly all iOS devices and all Mac computers, but it's nothing if not a bold and interesting move.

This. Is there a reason for this request or does Motorola just like bad publicity?

They like leverage and pre-emptive strikes.

I wish more consumers would realize the impact all this has on their bottom line. The expenses incurred in litigation alone drop straight down to the prices we all pay, in much the same way shoplifting makes buying retail goods more expensive. They aren't playing with "other peoples" money, they are playing with our money.

You could just not buy Moto's products. Then it wouldn't be your money they're playing with.

I think Google is just trying to massively up the ante, to show Apple that the patent wars will lead to Mutually Assured Destruction (MAD). Someone needs to get Apple (and everyone else really) to play a few million tic-tac-toe simulations to learn there will be no winners. Maybe a few survivors.

I thought this headline was very funny in a kind of surreal way, then I realized it's actually real.

A very sad situation. This kind of stuff should get thrown out with extreme prejudice. Not much impact on the market? I'm firmly in the "Android camp", but that's just silly, the impact would be enormous.

What kind of stuff are you referring to? Patents? Did you say the same thing about Apple v Samsung?

And lets be honest, it is somewhat of a true statement about market impact. What really would happen at the consumer level if this happened? Like it or not, there are many similar items that could replace any of these devices when it would come time for consumers to buy new or replace their current items. The only real issue would be investment in the ecosystem - like music and apps, but then that happens all the time anyway.